Sec. 16-3. Definitions.
[For the purpose of this chapter, and unless the context plainly requires otherwise, the following terms, phrases, and words shall have the meaning given herein:]
   Acceptable evidence of age is limited to the following:
   (1)   An unexpired driver's license issued by any state or Canada, provided such license includes a picture of the licensee;
   (2)   A nonoperating identification license issued pursuant to A.R.S. Tit. 28;
   (3)   An armed forces identification card; or
   (4)   A valid unexpired passport or border crossing identification card which is issued by a government or voter card issued by the government of Mexico and which contains a photograph of the person and the date of birth.
   Addressing official means the official(s) designated and authorized by the city manager to make determinations regarding the address display requirements set forth in this chapter; or any authorized representative or designee of that official.
   Attractive nuisance means a condition that may reasonably be expected to attract children and that is dangerous to children because of their inability to appreciate the hazard.
   Broad-tipped indelible marker means any felt-tip marker or similar implement which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half (1/2) inch or greater.
   Building means a structure having a roof supported by columns, posts, or walls and intended for the shelter, housing, or enclosure of any person, entity, animal, process, equipment, goods, or materials of any kind or nature.
   Building code means the code adopted by this jurisdiction regulating the design and construction of buildings and structures.
   Building official means an officer or other person designated and authorized by the city manager to enforce and administer the provisions of this chapter; or the building official's authorized representative.
   Code official means the official(s) designated and authorized by the city manager to administer and enforce this chapter, or any duly authorized representative or designee of that official. Code official includes any peace officer, fire code official, city code enforcement officer or designated refuse officer. In the context of violations that are classified exclusively as criminal offenses in this chapter, the code official is the chief of police or the chief's designee.
   Commercial property means any property occupied by a business or businesses which sell, rent, trade or store goods, or which provide a service.
   Contain or contained means to hold, store, bundle, stack or offer for collection in a manner, receptacle or location authorized by the Tucson Code or by rules and regulations promulgated under the Code.
   Contiguous means, relating to property or residences, property that shares or abuts the boundary line or edge of the immediately adjacent property.
   dB(A) means the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighing scale, which most closely approximates the auditory sensitivity of the human ear.
   dB(C) means the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the C-level weighing scale, which is more sensitive to low frequency sound than the A-level weighing scale.
   Debris means a substance of little or no apparent economic value, including but not limited to, deteriorated lumber, old newspapers, furniture parts, appliance parts, discarded sinks, cabinets, discarded household fixtures, car parts, tires, discarded clothing, abandoned, broken or neglected equipment, or the scattered remains of items.
   Dilapidated means a condition relating to a structure and consisting of multiple violations of the Tucson Code such that the structure is in an obvious and serious state of disrepair.
   Dwelling means the same meaning as "dwelling unit."
   Dwelling unit means any building or a portion thereof that is designed, occupied, or intended for occupancy as living quarters exclusively for a single household.
   Etch means to permanently alter a surface by use of an etching solution.
   Etching solution means any product or compound manufactured for the purpose of permanently altering a glass or other surface.
   Excavation means any well, shaft, basement, pit, tunnel, trench, hole or other like or similar removal of earth material.
   Garbage means all animal and vegetable and food wastes resulting from the handling, preparation, cooking or consumption of foods, or refuse or recyclables that have been contaminated by garbage, or other such matter the accumulation of which may create a nuisance or be deleterious to public health or offensive to sight or smell.
   Graffiti means initials, slogans, figures, inscriptions, marks, designs or drawings written, spray-painted, etched, sketched or otherwise applied on a sidewalk, wall, building, fence, sign, windows or any other structure or surface without consent of the owner.
   Graffiti abatement official means the city official designated by the city manager to abate graffiti and otherwise enforce the provisions of section 16-30 of this chapter.
   Greenwaste means wastes consisting solely of vegetative materials, including but not limited to, tree trimmings, tree limbs, yard clippings, leaves, grass, weeds, branches, brush, and shrubs. Palm fronds and cactus are not greenwaste.
   Handbill includes any sign, notice, placard, poster, paper, advertising circular, sticker, card, leaflet, or other similar item calculated to attract the attention of the public.
   Health hazard means the presence of any conditions or item(s) that adversely impact or jeopardize the well being or health of an individual. Such conditions or items include evidence of occupancy without adequate water and sanitation facilities, or may include the presence of human or animal waste, medical or biological waste, drug paraphernalia, gaseous or combustible materials, radioactive waste, dangerous or corrosive chemicals or liquids, flammable or explosive materials, friable asbestos, offal and decay matter.
   Imminent hazard means a condition that places a person's life, health, or property in immediate, impending peril, or could cause serious or life-threatening injury or death at any time.
   Industrial property means any property occupied by land uses whose primary operation involves manufacturing, assembling, processing or otherwise treating raw materials, semifinished products, or finished products, for packaging and distribution to either wholesale or retail markets.
   Infestation means the apparent presence of unpleasant, damaging, or unhealthful insects, rodents, reptiles or pests.
   Junked or inoperable vehicle means any vehicle, including any motor vehicle and any other device in, upon or by which a person or property may be transported or drawn on a street, including but not limited to trailers and camper shells but excluding devices moved by human power, that exhibits one or more of the following conditions: wrecked, partially or fully dismantled, abandoned, stripped, inoperative, inoperable, scrapped, or unable to be safely operated.
   Litter means to cause a condition of uncontained refuse, debris or trash.
   Manufactured home shall have the same meaning as defined in A.R.S. § 41-2142(24) or its successor provision.
   Mobile home shall have the same meaning as defined in A.R.S. § 41-2142(26) or its successor provision.
   Motor vehicle means any self-propelled land vehicle which can be used for transporting persons or property.
   Outdoor storage means any small machinery, appliances, neatly stored building material, landscaping materials or equipment, junk motor vehicles (storage must meet restrictions outlined in section 16-15), motor vehicles that are being stored for more than two (2) years, personal property including household goods, boxes or furniture which is not placed for outdoor use and neatly stacked fire wood. Outdoor storage items do not include garbage, refuse or debris. "Store" shall have the same meaning as defined in section 16-3.
   Owner means, as applied to a building, structure, or land, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building, structure or land.
   Person means any natural person, firm, partnership, association, corporation, company or organization of any kind, but not the federal government, state, county, city or political subdivision of the state.
   Plainly audible means any sound that a person can detect using his or her unaided hearing faculties.
   Private property means any real property not owned by the federal government, state, county, city or political subdivision of the state.
   Property line means the line that represents the boundary of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the property line shall be the nearest boundary of the public right-of-way.
   Recyclable materials (also recyclables) means those materials that are listed in the rules, procedures and regulations promulgated by the director of utility services as having recycle value.
   Refuse means all waste materials, including but not limited to greenwaste, garbage, waste generated by animals or pets, or recyclables.
   Resident means a person that lives in a residence, or a responsible party. Unless specifically used in another context, resident assumes the premises owner, occupant, tenant, lessor, lessee, resident, manager, or licensee to whom a garbage or recycling container has been assigned.
   Residential property means a property where the dominant use is nontransient occupancy of residential dwelling units.
   Responsible party means an occupant, lessor, lessee, manager, licensee, or person having control over a structure or parcel of land; and in any case where the demolition of a structure is proposed as a means of abatement, any lienholder whose lien is recorded in the official records of the Pima County Recorder's Office.
   Sidewalk area means that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, whether identified on the ground as a pedestrian walkway or not.
   Solidified paint marker means a device that contains paint or other substance in a solid or semi-solid form and releases the paint or other substance in a manner capable of marking surfaces.
   Sound amplification system means any device, instrument or system, whether electrical or mechanical or otherwise, for amplifying sound or for producing or reproducing sound, including but not limited to any radio, stereo, musical instrument, compact disc, or sound or musical recorder or player.
   Sound level meter means an instrument used to measure the intensity of sound that satisfies American National Standards Institute (ANSI) standard S1.4 for type 1 or type 2 sound level meters, or an instrument that will provide equivalent data.
   Store means to park, leave, locate, keep, maintain, deposit, allow to remain or allow to have a physical presence.
   Structure means a physical element that is erected or constructed with a fixed location on the ground, or is attached to another physical element having a fixed location at, below, or above grade. The term includes, but is not limited to, buildings, walls, fences, posts, patios, improvements and other structures that are constructed or placed on the land.
   Uncontained refuse means any refuse that is not contained according to the provisions of this chapter or authorized by the rules, procedures and regulations promulgated by the director of utility services.
   Vacant and unsecured building or structure means any vacant or abandoned building or structure, regardless of whether or not the building or structure is surrounded in whole or in part by a fence or wall, that is: (1) a fire or health hazard because of the accumulation of weeds, debris, or flammable or combustible waste or refuse; or (2) an attractive nuisance or hazard to the public because unsecured doorways or window openings or holes in the exterior of the building or structure permit entry of unauthorized persons.
   Vacant structure means any unoccupied or illegally occupied structure.
   Weeds includes but is not limited to untended or uncultivated plants, invasive plants, aggressively seeding plants, Russian thistle, ragweed, and plants generally accepted as having no value and frequently of uncontrolled growth.
   Yard, front means the area extending the full lot width and situated between the front property lot line and the face of the principal building which is parallel to, or most nearly parallel to, the front lot line.
   Yard, rear means the area extending the full lot width and situated between the rear lot property line and the face of the principal building which is parallel to, or most nearly parallel to, the rear lot line.
   Yard, side means the area extending between the front yard and rear yard and situated between the side lot property line and the face of the principal building which is parallel to, or most nearly parallel to, the side lot line.
   Yard sale means any event, including yard, garage, estate, rummage or moving sale, where items of personal property owned, utilized or maintained by occupants of the residential property are offered to the general public on the same property.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 1, 3-1-05; Ord. No. 10393, § 1, 4-24-07; Ord. No. 10638, § 1, 3-3-09; Ord. No. 10833, § 1, 8-4-10; Ord. No. 11126, § 1, 11-6-13)